Spender and Spender

Case

[2011] FamCA 499

28 June 2011


Details
AGLC Case Decision Date
Spender and Spender [2011] FamCA 499 [2011] FamCA 499 28 June 2011

CaseChat Overview and Summary

In the matter of *Spender and Spender*, heard by Cronin J, the proceedings concerned an application by the wife for interim orders and, by way of amendment, for final orders in family law proceedings. The husband sought security for costs.

The court was required to determine whether to grant the wife leave to file an amended application seeking final orders, whether to dismiss the application for interim orders, and whether to order the wife to provide security for the husband's costs.

Cronin J ordered the removal of Ms B as a respondent and granted the wife leave to file an amended application for final orders. The application for interim orders was dismissed. Crucially, the court ordered the wife to pay $20,000 into her solicitors' trust account as security for costs, with her application for final orders to stand dismissed if this payment was not evidenced by 4 pm on 27 July 2011. The husband was excused from filing a financial statement until further order, and liberty to apply was granted. Provisions were also made for parties to make written submissions regarding costs.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Procedural Fairness

Actions
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Most Recent Citation
Bhasin & Handa [2021] FCCA 1446

Cases Citing This Decision

1

Bhasin & Handa [2021] FCCA 1446
Cases Cited

14

Statutory Material Cited

2

B Pty Ltd and Ors & K and Anor [2008] FamCAFC 113
Wayne & Dillon & Anor [2008] FamCAFC 204
Pencious & Pencious [2010] FamCA 605